CCJ entered against me by BW Legal

SAfricanGirl

Hello,

I’m super sorry that I am having to bore everyone about more BW Legal issues. But I am kind of stuck on what to do with my situation. I have read on the NEWBiES page to not start another chat about this issue until I have read numerous chats about the same issue. I have done this.
The only difference I can find with my issue, that I’m not sure on what to do, is that everyone that has asked for help on here has responded to their CCJ claim form and I have not (I am not in the UK at the moment and won’t be back for another 5 months, so I have missed my post, I asked my mother to open my post for anything important and that’s when I found out I had a CCJ claim form from Northampton Business Centre as well as a letter saying I didn’t respond to the claim form so a CCJ has been entered against me)

I have read so many bad things about BW legal that I emailed the Northampton Business centre asking if this was a “real” claim CCJ form (this was before I discovered this site)
Is it too late for me to do anything in terms of defending this even though I missed the 14 period and have had the CCJ entered against me, dated: 3 April 2019?

I appreciate any help on this!

Redx

yes , its too late to defend this and you have one month to pay it IN FULL , otherwise the CCJ will be entered against you


you can pay £255 for a set aside and then you can defend it if the set aside is granted by the judge due to your circumstances (being abroad)

Umkomaas

How much is the CCJ for?

SAfricanGirl

The CCJ is £279.. I am so annoyed that I have missed my opportunity to defend myself with this!

Side question: why does the CCJ include “court fee & legal representative costs” if I have not been to court or had a legal representative??

SAfricanGirl

Also, if I am able to pay £255 to get the CCJ set aside. What happens next in terms of BW Legal? Do they have to start the process from the again from the beginning?
Will I ever get the £255 back?

Quentin

SAfricanGirl wrote: »

Side question: why does the CCJ include “court fee & legal representative costs” if I have not been to court or had a legal representative??

These costs have been incurred by the claimant

The court charges the claimant for issuing the claim. As no court hearing was necessary, then you aren't being ordered to pay for any court hearing

And the claimant has used a "legal representative" to prepare the claim/submit the judgement request etc

Quentin

SAfricanGirl wrote: »

Also, if I am able to pay £255 to get the CCJ set aside. What happens next in terms of BW Legal? Do they have to start the process from the again from the beginning?
Will I ever get the £255 back?

If you are successful with your set aside application and they want to pursue you further then yes, a new case will proceed, and after getting your defence they would decide on whether to proceed to a hearing

As part of your set aside application you can ask for your costs to be paid by the claimant

If you are successful then the judge will decide on your costs application

Usually the outcome is that they pay your costs only after the case is concluded with them losing the claim (or deciding not to continue) when you would get all your costs paid by them

SAfricanGirl

So I will only pay the £255 if I am not successful with the set aside? (If im not successful, does that mean I have to pay the CCJ, and would that give me another 30 days to pay?) What happens if the claimant won’t pay for it the set aside?
Also as I am away travelling for the next 5 months I am technically “unemployed”, does this change anything?

Thanks for your help

Quentin

If your set aside fails then no, there's no grace period to pay. The ccj remains against you.

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You can see if you are eligible to not pay the fee. Google help paying county court fees

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You pay the fee, if you are successful, then as posted you ask the judge to make an order regards your costs

As posted, normally you only get the other side being ordered to pay you after the original case has concluded with you winning a subsequent hearing of the case

The_Deep

I am struggling. Are you saying that your received the original letter before claim, and the claim form from the court and ignored them?

Le_Kirk

The_Deep wrote: »

I am struggling. Are you saying that your received the original letter before claim, and the claim form from the court and ignored them?

From the OP: -

I am not in the UK at the moment and won’t be back for another 5 months, so I have missed my post